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HTMLWest Kelowna (District) v Newcomb, 2015 BCCA 5
Dionysios Rossi, Graham Walker; Borden Ladner Gervais LLP;
Legal Alert/Article
January 12, 2016, previously published on December 10, 2015
The plaintiff/appellant, the District of West Kelowna (the "District"), had established a bylaw permitting "temporary boat moorage accessory to the use of the immediately abutting upland parcel" in the "Recreational Water Use Zone" (the "Bylaw"). The District...

 

HTMLLF Centennial Pte. Ltd. v TRLU7228664 et al (Containers), 2015 FC 214
Dionysios Rossi, Graham Walker; Borden Ladner Gervais LLP;
Legal Alert/Article
January 11, 2016, previously published on December 10, 2015
The plaintiff, LF Centennial PTE Ltd. ("Centennial"), was a Singaporean company that had acted as the buying agent for Mexx Canada Company ("Mexx"). On December 3, 2014, Mexx filed a Notice of Intention to Make a Proposal ("NOI") with the Official Receiver and...

 

HTMLTalley’s Insurance Tip of the Month
Talley H-S Kovacs; Pessin Katz Law, P.A.;
Legal Alert/Article
January 11, 2016, previously published on December 10, 2015
Talley’s tip: If so, take a second or third look at your contracts to make sure that you are getting the appropriate level of indemnity from your business partners for liability that might arise out of your joint endeavors.

 

HTMLInternational Code for Ships Operating In Polar Waters (The "Polar Code")
Dionysios Rossi, Graham Walker; Borden Ladner Gervais LLP;
Legal Alert/Article
January 11, 2016, previously published on December 10, 2015
The IMO's Marine Environment Protection Committee (the "MEPC") adopted the environmental requirements of the Polar Code in May 2015. The MEPC also adopted amendments to the International Convention for the Prevention of Pollution from Ships ("MARPOL"), to which Canada is a...

 

HTMLWorld-Class Tanker Safety System
Dionysios Rossi, Graham Walker; Borden Ladner Gervais LLP;
Legal Alert/Article
January 8, 2016, previously published on December 10, 2015
In April 2015, the Tanker Safety Expert Panel (the "Panel") released Phase II of their report, "A Review of Canada's Ship-source Spill Preparedness and Response: Setting the Course for the Future, Phase II — Requirements for the Arctic and for Hazardous and Noxious Substances...

 

HTMLSnow Valley Marine Services Ltd. v Seaspan Commodore (Tug), 2015 FC 304
Dionysios Rossi, Graham Walker; Borden Ladner Gervais LLP;
Legal Alert/Article
January 8, 2016, previously published on December 10, 2015
Causation can often be a contentious issue, particularly where multiple parties are involved in an incident causing loss. This decision stemmed from the sinking of an assist tug, the Warnoc, while it was providing assistance to the defendant vessel, the "Seaspan Survivor." The plaintiff...

 

HTMLSt. Paul Fire & Marine Insurance Company c Valley, 2015 QCCQ 1891
Dionysios Rossi, Graham Walker; Borden Ladner Gervais LLP;
Legal Alert/Article
January 8, 2016, previously published on December 10, 2015
In Canadian maritime law, some provincial superior courts and the Federal Court have concurrent jurisdiction. This case is an example of how the courts may tackle the question of which court has jurisdiction over a particular dispute.

 

HTMLChevron Corp. v Yaiguaje, 2015 SCC 42
Dionysios Rossi, Graham Walker; Borden Ladner Gervais LLP;
Legal Alert/Article
January 8, 2016, previously published on December 10, 2015
The underlying dispute in this case was alleged environmental pollution in the Lago Agrio region of Ecuador, an oil-rich area that has a long history of oil exploration and extraction. For over 20 years, a group of indigenous Ecuadorian villagers (the "Plaintiffs") have been seeking legal...

 

HTMLNairobi International Convention on the Removal of Wrecks
Dionysios Rossi, Graham Walker; Borden Ladner Gervais LLP;
Legal Alert/Article
January 8, 2016, previously published on December 10, 2015
In June 2015, Transport Canada released a discussion paper (the "2015 Discussion Paper") regarding the possible development of a regulatory regime to comprehensively address the hazards associated with shipwrecks, including the potential Canadian adoption of the Nairobi International...

 

HTMLSave Halkett Bay Marine Park Society v Canada (Environment), 2015 FC 302
Dionysios Rossi, Graham Walker; Borden Ladner Gervais LLP;
Legal Alert/Article
January 8, 2016, previously published on December 10, 2015
This case involved an application for judicial review of an Environment Canada decision authorizing the sinking of the decommissioned HMCS Annapolis (the "Annapolis") brought by the Save Halkett Bay Marine Park Society (the "Society").

 


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